probate

Because we care... We Guide You Through the Probate Process

When a death occurs, assisting a personal representative requires knowledge, as well as compassion and an understanding of the goals of the family. Our office takes great pride in being available to the person representing the deceased. You may feel overwhelmed by the magnitude of your responsibilities. Through experience in estate disputes and probate administration, Allen Texas Attorneys have proven to be able counselors assisting the family members with carrying out the wishes of the decedent. Our services include:

Letters Testamentary
Letters of Administration
Muniment of Title
Determination of Heirship
Determination of Heirship with Administration
Small Estate Affidavit
Affidavit of Heirship
Executor Deeds

When a home, land, or business property is involved, we have resources and contacts to assist the family with estate sales, repairs, cleaning, and listing real property if necessary.

Related Attorney(s)

Probate

When a person dies and leaves property that has not been transferred to another person by way of a trust, joint ownership with a right of survivorship, or a properly designated payable on death to a beneficiary (which could include a life insurance policy, bank account, or retirement account), titled property will be distributed through a judicial process called probate.

Transfer Title

Probate is the process in which a court legally recognizes a person’s death and oversees the payment of a deceased person’s debts and the distribution of his or her assets to beneficiaries (through a Will) or heirs (without a Will). The court’s role is to facilitate this process and protect, when necessary, the interests of all creditors and beneficiaries or heirs of the decedent’s estate. The role of the Texas probate court, and all persons hired by the court to facilitate this process, is known as probate administration.

Probate disputes

Dealing with probate disputes can be emotionally challenging, but you don’t have to face them alone. Our skilled litigators at Allen Texas Attorneys are ready to advocate for your rights and work towards a fair resolution, whether in negotiation or in court.

Length of Probate

Depending on the type of probate, it can take a few months to over a year for the entire probate process to be completed. It depends on the facts and circumstances of the case, the type of probate, the availability of the Court for a hearing, and other factors, including uncooperative beneficiaries or claims filed against the estate. Texas has a few types of probate that could be used to probate a Will, depending on the facts and circumstances of the estate. An attorney can explain which type of probate process is appropriate.

Non-Probate Assets

It should be noted that although it can take several months or years to probate an estate, Beneficiaries may be able to obtain funds of the estate sooner if they are listed as a payable-ondeath beneficiary. These assets are called, “non-probate assets.” These can include bank accounts, life TEXAS PROBATE PROCESS EXPLAINED – PAGE 2 insurance policies, as well as IRAs, KEOGHs, pensions, profit sharing, and 401(k) plans. These assets can be transferred directly from the company or bank holding them to the beneficiary who is named in the policy or account documents by submitting a copy of the death certificate to the institution. Since these assets pass outside of probate, it is not necessary to wait until the probate process is complete to obtain these funds. If you are unsure whether an asset is a probate asset or a non-probate asset, and you need clarification, please discuss this with an attorney.

Executor

When a person dies with a valid Will in place, the document typically names a person to serve as executor of the estate. The executor is tasked to follow the instructions of the Will. There are several administrative tasks Texas requires of an executor. The chief duties of the executor are (1) collect and secure the assets of the estate; (2) inventory and catalogue the decedent’s assets; (3) pay valid debts of the estate; (4) and distribute assets from the estate to the beneficiaries as named in the decedent’s Will.

Our Attorney Team

Carolyn Northcutt
Elizabeth Morrison Dean
Harlin R. Dean, Jr.
Marissa Balius
John Schulmeister
Kayla Smith Wood

Contact Us

We would love to speak with you.
Feel free to reach out using the below details or use the form to request a call back.

Office Address

80 McDermott Dr Allen, TX 75002

Phone

(972) 390-1608

eMail

office@allentxattorney.com

Office Hours

Monday — Friday: 9:00 AM – 5:00 PM
Saturday: Closed
Sunday: Closed

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